Res 60-15RESOLUTION NO. 60-15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
TRANSFER REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE
BUYER AND THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to transfer property located at 417 SW 15`1'
Terrace; and
WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the
City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to transfer said property to be
used for affordable housing purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to
transfer to Delray Housing Group, Inc,, as Buyer, for the purchase price of Ten Dollars and 00/100 cents
($10.00), said property being described as follows:
CARVER PARK, LOT 9 BLK 2, according to the Plat thereof, recorded
in the Plat Book 27, Page 55, of the Public Records of Pahn Beach County, Florida.
Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda
thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated
herein as Exhibit "A".
PASSED AND ADOPTED in regular session on the 20th day of Oeto , 2
ES ��\ AYOR
w
City Clerk
12/10/2015
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Michael Coleman, Director, Community Improvement
THROUGH: Donald B. Cooper, City Manager
DATE: September 8, 2015
SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF OCTOBER 20. 2015
RESOLUTION NO. 60-15 - NEIGHBORHOOD STABILIZATION PROGRAM (NSP)/
PROPERTY TRANSFER/ 417 S.W. 15TH TERRACE
BACKGROUND
The action before the City Commission is consideration to approve Resolution No. 60-15 for
the transfer of Neighborhood Stabilization Program (NSP) property located at 417 SW 15th
Terrace, Delray Beach, FL33444 to the Delray Housing Group Inc. for the benefit and rental of
the unit to a household at or below 50% Area Median Income as determined by HUD.
The City of Delray Beach was awarded funding through the Florida Department of Community
Affairs for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale
or redevelopment in order to stabilize neighborhoods and stem the decline of home values.
The City works in conjunction with the Delray Beach Housing Authority/Delray Housing Group
Inc. Individuals or households who wish to occupy NSP Rental Units must apply directly to
DHG. The Neighborhood Services Administration staff will monitor the project on an annual
basis to ensure continued affordability, ownership and maintenance of the property during the
20 -year term.
DISCUSSION
Staff requests City Commission approval to transfer Neighborhood Stabilization Property
(NSP) property 417 SW 15th Terrace, Delray Beach, 33444 to the Delray Housing Group Inc.
for the benefit and rental of the unit to a household at or below 50% Area Median Income
(AMI) as determined by HUD.
OPERATING COST
No operating costs are associated with this request.
FUNDING SOURCE
http://agendas. mydel raybeach.com/BI uesheet.aspx?Item I D=9554&M eeti ngl D=580 1/2
12/10/2015 Coversheet
No funding approval associated with this request.
RECOMMENDATION
By motion, approval of Resolution No. 60-15 by City Commission to transfer NSP property 417
SW 15th Terrace, Delray Beach, 33444 to Delray Housing Group Inc. for the benefit and rental
of unit to household at or below 50% AMI.
http://agendas. mydel raybeach.com/BI uesheet.aspx?Item I D=9554&M eeti ngl D=580 2/2
RESOLUTION NO. 60-15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
TRANSFER REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA,
AS DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE
BUYER AND THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to transfer property located at 417 SW 15`h
Terrace; and
WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the
City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to transfer said property to be
used for affordable housing purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to
transfer to Delray Housing Group, Inc., as Buyer, for the purchase price of Ten Dollars and 00/100 cents
($10.00), said property being described as follows:
CARVER PARK, LOT 9 BLK 2, according to the Plat thereof, recorded
in the Plat Book 27, Page 55, of the Public Records of Palm Beach County, Florida.
Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda
thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated
herein as Exhibit "A".
PASSED AND ADOPTED in regular session on the day of 12015.
ATTEST:
City Clerk
MAYOR
CONTRACT FOR SALE AND PURCHASE ("CONTRACT")
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller") or
("City") of 100 N.W. 1St Avenue, Delray Beach, Florida 33444 and Delray Housing
Group Inc. (DHG) ("Buyer"), of 701 SE 6th Avenue, Suite 201 Delray Beach, FL 33483,
hereby agree that the Seller shall sell and Buyer shall buy the following described Real
Property and Personal Property (collectively "Property") upon the following terms and
conditions:
1. DESCRIPTION:
(a) CARVER PARK LOT 9 BLK 2, according to the Plat thereof, recorded
in the Plat Book 27, Page 55, of the Public Records of Palm Beach County,
Florida. PCN: 12-43-46-17-41-003-0230
(b) Address: 417 SW 15th Terrace, Delray Beach, FL 33444
2. PURCHASE PRICE ................................. US $10.00
3. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties communicated in writing between the parties on or before
November 6, 2015, the deposit(s); if any, will, at Buyer's option, be returned to Buyer
and the offer withdrawn. The date of this Contract ("Effective Date") will be the date
when the last one of the Buyer and the Seller has signed this offer.
4. TITLE EVIDENCE: At least Fourteen (14) days before closing date, Buyer shall
obtain a title insurance commitment.
5. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on or before sixty (60) days from the date of the execution of
this agreement, unless extended by other provisions of this Contract.
6. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit
Claim Deed subject to: a land use restriction agreement in the form attached hereto as
Exhibit "A", zoning restrictions, prohibitions, and other requirements imposed by
governmental authority; restrictions and matters appearing on the plat or otherwise
common to the subdivision; public utility easements of record (easements are to be
located contiguous to Property lines and not more than 10 feet in width as to the rear or
front lines and 7 '/2 feet in width as to the side lines, unless otherwise specified herein);
taxes for year of closing and subsequent years; assumed mortgages and purchase
money mortgages, if any; provided, that there exists at closing no violation of the
foregoing and none of them prevents the use of Property for residential purpose.
7. OCCUPANCY: Seller warrants that there are no parties in occupancy other than
Seller. Seller agrees to deliver occupancy of Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes
all risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance from that date, and shall be deemed to have accepted Property in their
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
8. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when accumulated in a
building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information
regarding Radon or Radon testing may be obtained from your County
Public health unit.
(b) Buyer may have determined the energy efficiency rating of the residential
building, if any is located on the Real Property.
9. FOREIGN PERSONS:
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
The parties shall comply with the provisions of Internal Revenue Code Section 1445
and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non -foreign status
in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides
the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such
certificate under those Regulations, the Buyer shall not withhold under Internal
Revenue Code Section 1445.
Buyer and Seller understand that the IRS requires the Buyer and the Seller
to have a U.S. federal taxpayer identification number and to supply that number on the
foregoing forms. A foreign individual may acquire an International Taxpayer
Identification Number for this purpose. Since it may take several weeks to receive the
number after application and the IRS will not process these forms without the actual
number, a party lacking a TIN is advised to apply immediately.
10. INSPECTIONS: The Buyer shall have thirty (30) calendar days within which to
conduct any and all feasibility studies and determinations relative to the suitability for
the acquisition of the subject property by the Buyer and the Buyer reserves the express
right to terminate this Contract at any time during said period for any reason or no
reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all
deposit monies paid hereunder. Buyer shall be granted reasonable access to the
premises to conduct such feasibility studies and determinations, including
environmental assays, core drilling, surveys, soil sampling and other such testing.
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11. MORTGAGE PURCHASE ASSISTANCE:
A. Seller shall provide purchase assistance to Low Income Households and
Moderate Income Households, as such terms are defined in the Land Use
Restriction Agreement attached hereto as Exhibit "A", in the form of non -
amortizing, 0% interest, forgivable, deferred payment loan:
B. All loan awards from Seller to Owner shall be secured with a second
mortgage and promissory note. Recapture terms are as follows:
a. Assistance in the amount of $15,000 or less will require a 5 year
non -amortizing mortgage.
b. Assistance in the amount of $15,000.01-$40,000 will require a 10
year non -amortizing mortgage.
C. Assistance in the amount of $40,000 or greater will require a 15
year non -amortizing mortgage.
d. Assistance in purchasing newly constructed homes will require a 20
year non -amortizing mortgage.
C. Repayment of the full loan award will be immediately due to the City in the
event any "qualifying event(s)" occur prior to expiration of the note.
Qualifying event(s) are considered to be:
a. Sale or conveyance of the Property or transfer of tile.
b. Assisted homeowner fails to continuously occupy the home.
C. Property is rented.
d. Property is refinanced without prior authorization of the City.
D. Any funds due shall be paid to the City within seven (7) days of a
qualifying event. If assisted Owner does not trigger any of the above
mentioned qualifying events prior to the expiration of the note, the loan is
totally forgiven. In the event the Owner wishes to refinance his or her first
mortgage or take out an equity loan to make repairs or improvements, the
request must be in compliance with the City's subordinate policy. This
policy is available through the Neighborhood Services Division and is
available for public access.
E. Maximum Amount of Assistance: The maximum award is limited to 50%
of the purchase prior of the unit; however, the maximum is not
automatically provided on an individual basis; rather, the amount of
subsidy awarded will be the minimum amount necessary to enable the
Buyer to purchase the property at a monthly payment affordable to him or
her.
F. Affordability: For the purpose of this Agreement, housing is considered
affordable when the monthly mortgage payment, including taxes and
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insurance do not exceed 35 percent of an amount that represents the
percentage of the median annual gross income for the household.
However, this policy will not prohibit an individual households' ability to
devote more than 35 percent of its income for housing. Housing, where a
household devotes more than 35 percent of its income, shall be deemed
affordable if the first mortgage lender is satisfied that the household can
afford mortgage payments in excess of the 35 percent.
12. EVIDENCE OF TITLE: Buyer may obtain, at Buyer's expense, a title insurance
commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon
recording of the deed to Buyer, an owner's policy of title insurance in the amount of the
purchase price, insuring Buyer's title to real property, subject only to liens,
encumbrances, exceptions or qualification set forth in this agreement and those which
shall be discharged by Seller at or before closing. Seller shall convey by Quit Claim
deed title subject only to liens, encumbrances, exceptions or qualifications set forth in
this agreement and those which shall be discharged by Seller at or before closing.
Marketable title shall be determined according to applicable title standards adopted by
authority of The Florida Bar and in accordance with law. If title is found defective,
Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title
unmarketable, Seller will have one hundred twenty (120) days from receipt of notice
within which to remove the defect(s), failing which Buyer shall have the option of either
accepting the title as it then is or demanding a refund of deposit(s) paid which shall
immediately be returned to Buyer; thereupon Buyer and Seller shall release one
another of all further obligations under the agreement. Seller will, if title is found
unmarketable, use diligent effort to correct defect(s) in title within the time provided
therefor, including the bringing of necessary suits.
13. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of
title and to examine same, may have real property surveyed and certified by a
registered Florida surveyor. If survey shows encroachment on real property or that
improvements located on real property encroach on setback lines, easements, lands of
others, or violate any restrictions, agreement covenants or applicable governmental
regulation, the same shall constitute a title defect.
14. LEASES: If applicable, Seller shall, not less than fifteen (15) days before
closing, furnish to Buyer copies of all written leases and estoppel letters from each
tenant specifying the nature and duration of the tenant's occupancy, rental rates,
advanced rent and security deposits paid by tenant. If Seller is unable to obtain such
letter from each tenant, the same information shall be furnished by Seller to Buyer
within that time period in the form of a Seller's affidavit, and Buyer may thereafter
contact tenants to confirm such information. Seller shall, at closing, deliver and assign
all original leases to Buyer.
15. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the
absence, unless otherwise provided for herein, of any financing statements, claims of
lien or potential lienors known to Seller and further attesting that there have been no
improvements or repairs to property for ninety (90) days immediately preceding date of
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closing. If property has been improved, or repaired within that time, Seller shall deliver
releases or waivers of mechanics' liens executed by all general contractors, sub-
contractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth
the names of all such general contractors, subcontractors, suppliers and materialmen
and further affirming that all charges for improvements or repairs which could serve as a
basis for a mechanic's line or a claim for damages have been paid or will be paid at
closing.
16. PLACE OF CLOSING: Closing shall be held in the county where real property is
located, at the office of the attorney or other closing agent designated by Buyer.
17. TIME: Time is of the essence of this agreement. Time periods herein of less
than six (6) days shall in the computation exclude Saturdays, Sundays and state or
national legal holidays, and any time period provided for herein which shall end on
Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
18. EXPENSES: Buyer shall pay all costs and expenses incurred in connection with
the purchase and closing, including but not limited to, documentary stamps on the
deed, title insurance, and survey, Seller shall only be required to pay the cost of
recording corrective instruments and the deed.
19. PRORATION'S; CREDITS: Taxes, assessments, rent, interest, insurance and
other expenses and revenue of property shall be prorated through day before closing.
Ad valorem taxes are prorated from January through December 31 of the same
calendar year. Non ad -valorem assessments are prorated from October 1 through
September 30 of the following calendar year. Such taxes and assessments shall be
prorated based on the current year's tax with allowance made for discount and
exemptions. If Closing occurs on a date when the current year's millage is not fixed,
and the current year's assessment is available, taxes shall be prorated based upon
such assessment and the prior year's millage. If the current year's assessment is not
available, then taxes shall be prorated based on the prior year's tax. Any tax proration
based on an estimate shall at the request of either Seller or Buyer be subsequently
readjusted upon receipt of the current year's tax bill.
20. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special
assessment liens as of date of closing (and not as of Effective Date) are to be paid by
Seller. Pending liens as of date of closing shall be assumed by Buyer. If the
improvement has been substantially completed as of Effective Date, such pending lien
shall be considered as certified, confirmed or ratified and Seller shall, at closing, be
charged an amount equal to the last estimate of assessment for the improvement by the
public body.
21. RISK OF LOSS: If the property is damaged by fire or other casualty before
closing and cost of restoration does not exceed the purchase price of the property so
damaged, cost of restoration shall be an obligation of the Seller and closing shall
proceed pursuant to the term so the agreement with restoration costs escrowed at
closing. If the cost of the restoration exceeds three percent (3%) of the assessed
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valuation of the improvements so damaged, Buyer shall have the option of either taking
property as is, together with either the three percent (3%) or any insurance proceeds
payable by virtue of such loss or damage, or of canceling the agreement and receiving
return of deposit(s).
22. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is
authorized and agrees by acceptance of them to deposit them promptly, hold same in
escrow and, subject to clearance, disburse them in accordance with terms and
conditions of agreement. Failure of clearance of funds shall not excuse Buyer's
performance. If in doubt as to Agent's duties or liabilities under the provisions of
agreement, Agent may, at Agent's option, continue to hold the subject matter of the
escrow until the parties mutually agree to its disbursement, or until a judgment of a court
of competent jurisdiction shall determine the rights of the parties or Agent may deposit
with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all
parties concerned of such action, all liability on the part of Agent shall fully terminate,
except to the extent of accounting for any items previously delivered out of escrow. If a
licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S.
(1987), as amended. Any suit between Buyer and Seller where Agent is made a party
because of acting as Agent hereunder, or in any suit wherein Agent interpleads the
subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs
incurred with the fees and costs to be charged and assessed as court costs in favor of
the prevailing party. Parties agree that Agent shall not be liable to any party or person
for misdelivery to Buyer or Seller of items subject to this escrow, unless such
misdelivery is due to willful breach of contract or gross negligence of Agent.
23. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the
time specified Seller shall be relieved of all obligations under Contract. If, for any
reason other than failure of Seller to make Seller's title marketable after diligent effort,
Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific
performance or elect to receive the return of Buyer's deposit(s) without thereby waiving
any action for damages resulting from Seller's breach.
24. AGREEMENT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this
agreement nor any notice of it shall be recorded in any public records. This agreement
shall bind and inure to the benefit of the parties and their successors in interest.
Whenever the context permits, singular shall include plural and one gender shall include
all. Notice given by or to the attorney for any party shall be as effective as if given by or
to that party.
25. OTHER AGREEMENTS: No prior or present agreements or representations
shall be binding upon Buyer or Seller unless included in this Contract. No modification
or change in this Contract shall be valid or binding upon the parties unless in writing and
executed by the party or parties intended to be bound by it.
26. WARRANTIES: Seller warrants that there are no facts known to Seller
materially affecting the value of the real property which are not readily observable by
Buyer or which have not been disclosed to Buyer.
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27. MOLD: Mold is naturally occurring and may cause health risks or damage to
Property. If Buyer us concerned or desires additional information regarding mold,
Buyer should contact an appropriate professional.
28. LEAD WARNING STATEMENT: Every purchaser of any interest in residential
real property on which a residential dwelling was built prior to 1978 is notified that such
property may present exposure to lead from lead-based paint that may place young
children at risk of developing lead poisoning. Lead poisoning in young children may
produce permanent neurological damage, including learning disabilities, reduced
intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also
poses a particular risk to pregnant women. The Seller of any interest in residential real
property is required to provide the Buyer with any information on lead-based paint
hazards from risk assessments or inspections in the Seller's possession and notify the
Buyer of any known lead-based paint hazards. A risk assessment or inspection f or
possible lead based hazards is recommended prior to purchase.
Seller's Disclosure (Initial)
(a) Presence of lead-based paint and/or lead-based paint hazards
(check one below):
Known lead-based paint and/or lead-based paint hazards are
present in the housing unit (explain)
X Seller has no knowledge of lead-based paint and/or lead-based
paint hazards in the housing unit.
(b) Records and reports available to the Seller (check below):
X Seller has provided the purchaser with all available records and
reports pertaining to lead-based paint and/or lead-based paint
hazards in the housing unit (list documents)
Seller has no reports or records pertaining to lead-based paint
and/or lead-based paint hazards in the housing unit.
Buyer's Acknowledgment (Initial)
_X (c) Purchaser has received copies of all information above.
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X (d) Purchaser has received the pamphlet Protect Your Family from
Lead in your Home
(e) Purchaser has (check one below):
X Received a 10 -day opportunity (or mutually agreed upon period) to
conduct a risk assessment or inspection for the presence of lead-
based paint and/or lead-based paint hazards; or
Waived the opportunity to conduct risk assessment or inspection for
the presence of lead-based paint hazards.
(f) Agent has informed Seller of the Seller's obligations under 42
U.S.C.4852 (d) and is unaware of his/her responsibility to ensure
compliance.
29. PROPERTY IS SOLD "AS IS, WHERE IS". Except as otherwise provided in this
Contract, the Seller does not make any warranty or representation regarding the title to
the Property except as to any warranties in the other instruments to be delivered by
Seller at Closing in accordance with this Contract, and Seller does not make any
representation or warranty either expressed or implied regarding condition, operability,
safety, fitness for intended purpose, use, governmental requirements, development
potential, utility availability, legal access, economic feasibility or any other matters
whatsoever with respect to the Property. The Buyer specifically acknowledges and
agrees that the Seller shall sell and Buyer shall purchase the Unit on an "AS IS,
WHERE IS, AND WITH ALL FAULTS" basis and that, except for the Seller's
representations and warranties specifically set forth in this Agreement, Buyer is not
relying on any representations or warranties of any kind whatsoever, express or implied,
from Seller, or its respective agents, officers, or employees, as to any matters
concerning the Property including, without limitation, any matters relating to (1) the
quality, nature, adequacy, or physical condition of the Property,(2) the quality, nature,
adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the
existence, quality, nature, adequacy or physical condition of utilities serving the
Property, (4) the Property's value, use, habitability, or merchantability, (5) the fitness,
suitability, or adequacy of the Property for any particular use or purpose, (6) the zoning
or other legal status of the Property, (7) the compliance of the Property or its operation
with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants,
judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any
governmental or quasi -governmental entity or of any other person or entity, including,
without limitation, environmental person or entity, including without limitation,
environmental laws, (8) the presence of hazardous materials or any other hazardous or
toxic matter on, under, or about the Property or adjoining or neighboring property, (9)
the freedom of the Property from latent or apparent defects, (10) peaceable possession
of the Property, (11) environmental matters of any kind or nature whatsoever relating to
the Property, (12) any development order or agreement, or (13) any other matter or
matters of any nature or kind whatsoever relating to the Property or any improvements
0
located near, adjacent to, or thereon. Seller shall have no obligation to repair, replace,
or remediate the Property, or any portion thereof, Buyer understands that the Property
is sold and conveyed "AS IS."
30. GOVERNING AND VENUE: Buyer certifies that Buyer is executing this Contract
while in the State of Florida of Buyer's own volition and that this purchase was not
solicited either by telephone or mail in another state. This Contract shall be construed
under and interpreted according to the laws of the State of Florida, and venue with respect
to any litigation arising hereunder shall be Palm Beach County, Florida.
31. NOTICES: Except as otherwise provided in Paragraph 4.1 of this Contract, all
notices and other communications required or permitted to be given under or in connection
with this Contract shall be in writing, and shall be deemed given to Buyer when hand
delivered to Buyer (which includes but is not limited to delivery by courier or Federal
Express), or when deposited in the United States mail, postage prepaid, return receipt
requested, addressed to Buyer at Buyer's mailing address as set forth in this Contract,
and shall be deemed given to Seller when deposited in the United States mail, postage
prepaid, return receipt requested, addressed to Seller at its address set forth in this
Contract, or to such other address as either Seller or Buyer shall designate by notice in
accordance with this Subparagraph.
32. CAPTIONS: The captions contained herein are included solely for the convenience
of the Parties and do not, in any way, modify, amplify or give full notice of any of the terms,
covenants, or conditions of this Contract.
33. WAIVER: Seller's waiver of any condition or provision of this Contract shall not be
construed as a waiver of any other application of that same condition or provision, nor as a
waiver of any other condition or provision herein.
34. INTERPRETATION: This Contract shall be construed and interpreted in
accordance with Florida law and shall not be more strictly construed against one Party,
than against the other by virtue of the fact that it may have been physically prepared by
one Party or by its attorneys, both Parties (and their respective attorneys, where
applicable) having participated in the negotiation of this Contract.
35. TIME OF ESSENCE: Time is of the essence with respect to Buyer's performance
hereunder, except where otherwise specifically provided for herein. Any reference in this
Agreement to the time periods of less than six (6) days, shall in the computation thereof,
exclude Saturdays, Sundays and legal holidays. Any reference in the Agreement to time
periods of six (6) days or more shall, in the computation thereof, include Saturday,
Sundays and legal holidays. If the last day of any such period is a Saturday, Sunday or
legal holiday, the period shall be extended to 5:00 P.M. on the next full business day.
36. SUCCESSORS AND ASSIGNS: This Contract shall be binding upon and shall
inure to the benefit of the respective heirs, personal representatives, successors and
assigns of the Parties hereto. This Contract may not be assigned by Buyer.
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37. PARTIAL INVALIDITY: In the event any term or provision of this Contract is
determined by appropriate judicial authority to be illegal or otherwise invalid, such
provision shall be given its nearest legal meaning, or be construed as deleted as such
authority determines, and the remainder of this Contract shall be construed to be in full
force and effect.
38. BROKER COMMISSION: Buyer and Seller hereby represent and warrant that
each has not dealt with a real estate broker in this transaction. Buyer agrees to hold
Seller harmless from any claim or demand for commissions made by or on behalf of any
broker or agent of Buyer in connection with this transaction.
39. COUNTERPART: This Contract may be executed in any number of counterparts,
each of which, when executed and delivered, shall be an original, but such counterparts
shall together constitute one and the same instrument.
40. FURTHER ASSURANCES: The Parties agree to execute all future instruments
and take all further action that may be reasonably required by any Party to fully effectuate
the terms and provisions of this Contract and the transactions contemplated herein.
41. NOT BINDING: This Agreement shall not be binding on Seller until executed by the
Mayor of the City of Delray Beach, Florida.
42. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IN WITNESS WHEREOF, the Parties have executed this Contract on the dates set
forth under their respective signatures.
CITY OF DELRAY BEACH, FLORIDA Delray Housing Group (Representative)
M
Cary D. Glickstein, Mayor Date
ATTEST:
City Clerk
Approved as to Form:
City Attorney
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By:
Print Name:
By:
Print Name:
ATTEST:
uate
uate
Prepared by: RETURN:
City Attorney's Office
200 N.W. 1 st Avenue
Delray Beach, FL 33444
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED, executed this day of , 2015 by the CITY
OF DELRAY BEACH, and having its principal place of business at 100 NW 1 st Avenue, Delray Beach,
FL 33444, First Party, to: DELRAY HOUSING GROUP, INC, and having its principal place of
business at 701 SE 6"' Avenue, Ste 201, Delray Beach, FL 33483, Second Party:
(Whenever used herein the term "First Party" and "Second Party" include singular and plural, heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporation, whenever the context so admits or requires.)
WITNESSETH, That the said First Party, for and in consideration of the sum of Ten Dollars
($10.00) in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby
remise, release and quit -claim unto the said Second Party forever, all the right, title, interest, claim and
demand which the said First Party has in and to the following described lot, piece or parcel of land,
situate, lying and being in the County of Palm Beach, State of Florida, to -wit:
See Exhibit "A"
TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto
belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behoof of the
said Second Party forever.
IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its
name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the
day and year first above written.
WITNESS:
(Please Print or Type Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
CITY OF DELRAY BEACH, FLORIDA
By:
Cary D. Glickstein, Mayor
The foregoing instrument was acknowledged before me this day of , 2015, by
(name of person acknowledging), who is personally known to
me or who has produced as identification.
Signature of Notary Public - State of Florida
EXHIBIT "A"
CARVER PARK, LOT 9 BLK 2, according to the Plat thereof,
recorded in the Plat Book 27, Page 55, of the Public Records of
Palm Beach County, Florida.
This instrument prepared by and return to:
City of Delray Beach Neighborhood Services Division
100 NW 1st Avenue
Delray Beach, Florida 33444
LAND USE RESTRICTION AGREEMENT
AND DEED RESTRICTIONS
FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM
THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS
(hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a
City existing by and under the laws of the State of Florida (hereinafter referred to as the "City")
and Delray Housing Group, Inc.(hereinafter referred to as the "Owner").
RECITALS
WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto
and incorporated herein by reference, hereinafter referred to as the "Property"; and
WHEREAS, Owner is the beneficiary of Neighborhood Stabilization Program Funds
pursuant to an Agreement between State of Florida, Department of Economic Opportunity and
City dated the 5th day of February, 2010; and
WHEREAS, the Owner has agreed to comply with certain use restrictions as a
beneficiary of said Agreement; and
WHEREAS, the City has provided Neighborhood Stabilization Program funding for the
acquisition, rehabilitation and resale of the property located at 417 SW 15th Terrace, Delray
Beach, Florida 33444.
NOW, THEREFORE, in consideration of the above premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. Owner shall own properties with a covenant on the land and unit, requiring that it be
maintained as affordable rental units for tenants at or below 50% of AMI for a period of
twenty (20) years.
2. Owner shall make the property available for rent by households at or below 50% AMI as
defined by the current Income Limit charts adjusted to family size, West Palm Beach —
Boca Raton, Metropolitan Statistical Area, (Palm Beach County).
3. The Owner assures the City that, in connection with the properties acquired is for rental
purposes through this Agreement, it is a public housing Subrecipient (a Public Housing
Authority) funded by HUD. The Owner assures the City that, as such, it is
knowledgeable about HUD requirements for income qualifying of occupants of rental
housing units according to HUD income guidelines and about establishing rent
affordability for such occupants. Accordingly, the Buyer shall income qualify the
occupant of the property acquired through this Agreement according to the requirements
contained in the Declaration of Restrictions associated with each such property, and
shall maintain the level of rent plus utilities (based on the HUD Section 8 utility schedule)
at an affordable level for the occupant. Such affordability shall be regarded as being
achieved if no more than thirty-five percent (35%) of the occupant's gross household
income is expended on the sum of the rent plus utilities based on the HUD Section 8
utility schedule.
4. If Owner defaults in the performance of any obligation under the Mortgage and Note
dated or restrictions set forth herein, and if such default remains uncured for a period of
one hundred twenty (120) days after written notice thereof has been given by City, City
shall be entitled to apply to any court having jurisdiction of the subject matter for specific
performance of this Agreement, for the appointment of a receiver or successor to take
over and operate the Property in accordance with the terms of this Agreement, or for
such other relief, including monetary, as may be appropriate and as such court deems
just, equitable, and reasonably required to effectuate the terms of this Agreement.
5. Owner represents and warrants to City:
a. Owner has validly executed this Agreement and the same constitutes the
binding obligation of the owner. Owner has full power, authority and capacity
to enter into this Agreement, to carry out the Owner's obligations as
described in this Agreement, and to assume responsibility for compliance
with all applicable local, state, and federal rules and regulations.
b. To the best of Owner's knowledge, the making of this Agreement and the
Owner's obligations hereunder:
i. will not violate any contractual covenants or restrictions between
Owner or any third party, or affecting the Property;
ii. will not conflict with any of the instruments that create or establish
Owner's authority;
iii. Owner will not conflict with any applicable public or private restrictions;
iv. do not require any consent or approval of any public or private authority
which has not already been obtained; and
v. are not threatened with invalidity or unenforceability by any action,
proceeding, or investigation, pending or threatened, by or against
Owner without regard to capacity, any person with whom Owner may
be jointly or severally liable, or the Property or any part thereof.
c. There is no litigation pending or proceeding known or, to the best of Owner's
knowledge, threatened against Owner which, if adversely determined, could
individually or in the aggregate have an adverse effect on title to or the use
and enjoyment or value of the Property, or any portion thereof, or which
could in any way interfere with the consummation of this Agreement.
d. There is not pending or, to Owner's best knowledge, threatened against
Owner any case or proceeding or other action in bankruptcy, whether
voluntary or otherwise, any assignment for the benefit of creditors, or any
petition seeking reorganization, arrangement, composition, readjustment,
liquidation, dissolution, or similar relief for Owner under any present or
future federal, state, or other statute, law, or regulation relating to
bankruptcy, insolvency, or relief from debtors.
6. Notices required to be given by this Agreement shall be in writing, by certified mail
through the United States Postmaster, with copies to be mailed as set forth below.
Required certified mail shall also have return receipt requested, addressed to the
persons and places specified for giving notice below. Revisions to the names or
addresses of those parties to receive notice may be made by either party by providing
notice to the other party as provided herein. This in no way impacts the requirement to
provide notice to the City of Delray Beach City Commission and to the City Attorney in
the manner outlined above.
Notice shall be forwarded to the following:
For the City: Mayor
City of Delray Beach
100 NW I" Avenue
Delray Beach, Florida 33444
With copies by U.S. mail to: City of Delray Beach
Neighborhood Service Administrator
Neighborhood Services Division
100 NW 1" Avenue
Delray Beach, Florida 33444
For the Owner: Delray Housing Group, Inc.
701 SE 6th Avenue, Ste 201
Delray Beach, Florida 33483
6. The Owner and City agree that both parties have played an equal and reciprocal part in
the drafting of this Agreement and, therefore, no provisions of this Agreement shall be
construed by any court or other judicial authority against any party hereto because such
party is deemed to have drafted or structured such provisions.
7. This Agreement shall be construed, and the rights and obligations of the City and Owner
hereunder shall be determined, in accordance with the laws of the State of Florida.
Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm
Beach County, Florida, unless prohibited by law.
8. In any litigation between the parties hereto arising out of this Agreement, the prevailing
party shall be entitled to recover all fees and costs incurred in such litigation, including
reasonable attorneys' fees, through appeal if necessary.
9. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida,
by the City at the expense of the City subsequent to the closing of the sale to the Owner
from the Developer. This Agreement shall run with the land and shall be binding on both
parties, their heirs, successors, and assigns upon recording. Certified copies of the
recorded documents shall be provided to the Owner within ten (10) days of receipt of the
recorded Agreement.
IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and
agrees to meet the obligations contained herein by execution of this agreement, in duplicate,
this.
WITNESSES
OWNER
By:
Print
Title:
By:_
Print Name:
Phone Number:
Date:
ATTEST: CITY
Office of City Clerk CITY OF DELRAY BEACH, FLORIDA
by and through its
City Commission
By: By:
Mayor
Date of Execution:
Attachment A
Real property located at 417 SW 15Th Terrace, Florida 33444 generally described as:
CARVER PARK, LOT 9 BLK 2, according to the Plat thereof, recorded in the
Plat Book 27, Page 55, of the Public Records of Palm Beach County, Florida.
Prepared by: RETURN:
City Attorney's Office
200 N.W. 1 st Avenue
Delray Beach, FL 33444
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED, executed this day of , 2015 by the CITY
OF DELRAY BEACH, and having its principal place of business at 100 NW 1 st Avenue, Delray Beach,
FL 33444, First Party, to: DELRAY HOUSING GROUP, INC, and having its principal place of
business at 701 SE 6"' Avenue, Ste 201, Delray Beach, FL 33483, Second Party:
(Whenever used herein the term "First Party" and "Second Party" include singular and plural, heirs, legal representatives, and assigns of
individuals, and the successors and assigns of corporation, whenever the context so admits or requires.)
WITNESSETH, That the said First Party, for and in consideration of the sum of Ten Dollars
($10.00) in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby
remise, release and quit -claim unto the said Second Party forever, all the right, title, interest, claim and
demand which the said First Party has in and to the following described lot, piece or parcel of land,
situate, lying and being in the County of Palm Beach, State of Florida, to -wit:
See Exhibit "A"
TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto
belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behoof of the
said Second Party forever.
IN WITNESS WHEREOF the said First Party has caused these presents to be executed in its
name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the
day and year first above written.
WITNESS:
(Please Print or Type Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
CITY OF DELRAY BEACH, FLORIDA
By:
Cary D. Glickstein, Mayor
The foregoing instrument was acknowledged before me this day of , 2015, by
(name of person acknowledging), who is personally known to
me or who has produced as identification.
Signature of Notary Public - State of Florida
EXHIBIT "A"
CARVER PARK, LOT 9 BLK 2, according to the Plat thereof,
recorded in the Plat Book 27, Page 55, of the Public Records of
Palm Beach County, Florida.
NOTICE OF INTENT TO TRANSFER REAL PROPERTY
NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, announces its
intention to transfer the following real property described as:
CARVER PARK LOT 9 BLK 2, according to the Plat thereof, recorded
in the Plat Book 27, Page 55, of the Public Records of Palm Beach County, Florida.
Resolution 60-15 of the City Commission authorizing the transfer of real property to the Delray
Housing Group, Inc. via a contract for sale and purchase incorporating the terms and conditions
thereof, will be considered at a public hearing to be held at 7:00 p.m. on October 20, 2015, at
City Hall, Commission Chambers, 100 N.W. 1" Avenue, Delray Beach, Florida.
CITY OF DELRAY BEACH, FLORIDA
Chevelle Nubin, MMC
City Clerk
Publish: October 12, 2015
October 19, 2015
SUN -SENTINEL
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF: BROWARD/PALM BEACH/MIAMI-DADE
Before the undersigned authority personally appeared
BETTY ARMAND, who on oath says that he or she is a duly authorized representative of the SUN -
SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County,
Florida; that the attached copy of advertisement, being a Legal Notice in:
The matter of 11745 -Other Legal Notices
City of Delray Beach
CARVER PARK LOT 9 BLK 2
Was published in said newspaper in the issues of; Oct 12, 2015; Oct 19, 2015
3660559
i
Affiant further says that the said SUN -SENTINEL is a newspaper published in said
BROWARD/PALM BEACHIMIAMI-DADE County, Florida, and that the said newspaper has
heretofore been continuously published in said BROWARD/PALM BEACH/MLAMI-DADE County,
Florida, each day and has been entered as second class matter at the post office in BROWARD
County, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he or she has neither paid nor promised, any person, firm
or corporation, any discount, rebate, commission or refund, for the purpose of securing this
advertisement for publication in the said newspaper.
Signature of Affiant
.Sworn to a%>4 subscribed before me this: October 19, 2015.
SHELLY A. HOUC&K
My cOMMISSION # PF211904
EXPIRES March 19. 2019
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Order # - 3660559
Affiant further says that the said SUN -SENTINEL is a newspaper published in said
BROWARD/PALM BEACHIMIAMI-DADE County, Florida, and that the said newspaper has
heretofore been continuously published in said BROWARD/PALM BEACH/MLAMI-DADE County,
Florida, each day and has been entered as second class matter at the post office in BROWARD
County, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he or she has neither paid nor promised, any person, firm
or corporation, any discount, rebate, commission or refund, for the purpose of securing this
advertisement for publication in the said newspaper.
Signature of Affiant
.Sworn to a%>4 subscribed before me this: October 19, 2015.
SHELLY A. HOUC&K
My cOMMISSION # PF211904
EXPIRES March 19. 2019
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Order # - 3660559
Monday, October 19, 2075 SunSentinel.com Sun Sentinel